Administrative Procedures and Acts
1. Revoking an Administrative Act
An administrative act lacking jurisdiction and violating the principle of objectivity can be revoked by the administrative office due to defects as outlined in Article 10 of Law N° 27444.
2. Appealing Interlocutory Acts
While interlocutory administrative acts don’t typically warrant appeals as they don’t address the merits of a case, an appeal is justifiable if the act creates a state of helplessness for the affected parties, contradicting legal principles.
3. Annulment
Read MoreAdministrative Law: Control and Settlements in Public Administration
Administrative Law: Control and Settlements
Settlements
There are three ways to settle disputes between the administration and individuals:
- Mutual agreement (general rule)
- Unilateral decision by the state agency
- Court decision
In mutual agreements, the administration issues the settlement decision. The individual can challenge this decision in court.
For unilateral settlements, the administration must decide within 90 days of the final acceptance certificate, renewable up to 180 days.
Control of the Administration
Control
Read MoreConstitutional Jurisdiction in Spain: Analysis and Safeguards
Constitutional Jurisdiction in Spain
The Metamorphosis of Court Decisions
Several reflections arise concerning the potential transformation of the nature of court decisions:
- Appointment of Judges: Constitutional justice bodies are presented as technical, yet their members are political appointees, sometimes monopolized by political authorities.
- Interpretation of Rights: The Constitutional Court (TC) interprets constitutional rights with political content. Demands are often formulated as legal issues
Disciplinary Dismissal: Causes, Procedures, and Legal Recourse
Disciplinary Dismissal
1. Causes of Dismissal
Dismissal is the termination of the employment relationship unilaterally decided by the employer. It represents the most serious manifestation of disciplinary power, with significant consequences for the worker. The employer’s reasons must be of grave and significant nature. Causes for dismissal are regulated by collective agreements and legal provisions.
- 1.1 Absenteeism or Tardiness: To justify dismissal, absences or tardiness must be repeated and unjustified,
Law and Politics in the Dominate: A Look at the Late Roman Empire
Section II: Law in the Dominate
1. Sources of Law in the Dominate
In the Dominate, the emperor’s will became the sole source of law. Legal innovations were introduced through imperial constitutions (leges), unlike earlier practices where proposals needed approval from popular assemblies. These constitutions were typically called edicta or leges generales, and their texts, discussed in the consistorium, were either addressed directly ad populum (to the people) or to the Senate. A key example is Diocletian’
Read MoreAdministrative Law II: Public Services and Foundations
1. Public Services
Concept of Public Services
In a broad sense, all activities could be considered public, as argued by the French classical school. However, Gastin Jeze and Leon Duguit countered this, suggesting the sole or primary reason for the activity is the key distinction. Thus, legislative and judicial activities, as well as administrative tasks like policing, economic planning, and social order promotion, cannot be easily categorized.
In a stricter sense, public services involve legal activities
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